NARINDER PAL @ BABBU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this appeal is for setting aside the judgment of conviction dated 16.07.2004 vide which the appellant was convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') for keeping in his possession non-commercial quantity of 260 grams of charas without any permit or licence as well as order of sentence dated 17.07.2004 vide which the appellant was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.5,000/-, in default of payment of fine, to further undergo rigorous imprisonment for six months.

(2.) Custody certificate filed in Court today is taken on record. As per the same, the appellant has undergone 07 months and 13 days of actual sentence out of two years' rigorous imprisonment awarded by the trial Court.

(3.) Brief facts of the care are that on 02.12.2002, the appellant was arrested by ASI Satpal Singh on receiving secret information that the appellant is selling charas in his residential house and finding the secret information to be reliable, ASI Satpal Singh alongwith co-officials went to the house of the appellant in Kurari Mohalla, Kalka. The appellant was found standing on the gate of the house and after issuing notice under Section 50 of the Act apprising the right of the appellant to be searched before the Gazetted Officer or a Magistrate, as he was having doubt of keeping some prohibited contraband in his house or in his personal custody, the accused opted to be searched before the Gazetted Officer. Thereafter, DSP Des Bandhu was called at the spot who reached in his official vehicle and in his presence, the personal search of the appellant was done and 260 grams of charas was recovered from the right pocket of the trouser of the appellant. Thereafter, two samples of 10 grams each were separated from the charas recovered from the appellant and were sealed and taken into police possession alongwith remaining charas as the accused could not produce any permit or licence. Thereafter, the ruqqa was prepared and was sent to the police Station for registration of the FIR and the same was registered in police Station Kalka by ASI Mohinder Singh. ASI Mohinder Singh, thereafter, completed all the formalities i.e. recording of statements of witnesses under Section 161 Cr.P.C., taking sealed parcels alongwith accused to police Station, putting seal of JS on the sealed parcels alongwith case property by the SHO and preparing the arrest memo of accused.